The Registers of Wills and Clerks of Orphans' Court Association has unanimously approved a resolution to abstain from issuing marriage licenses to same-sex couples. The vote comes in the wake of a decision by Montgomery County Register of Wills to issue licenses to gay and lesbian couples. Ellen Toplin and Charlene Kurland obtained a marriage license on Wednesday in Norristown. (AP Photo/Matt Rourke)

The vote, taken this week at the association’s annual conference, comes amid a decision by one Pennsylvania court official to defy state law and issue the licenses to same-sex couples.

Bruce Hanes, the Montgomery County Register of Wills on Wednesday began issuing the licenses, and at least one lesbian couple held a marriage ceremony and filed their license with the county.

Larry Medaglia, the Berks County Register of Wills, who authored the resolution, said all the members present at conference agreed they would not issue licenses to gay or lesbian couples.

“The only way that is going to change given the resolution and the sentiment in the room and all the discussion is if the Legislature and the governor enact a different law or if the courts should overturn it and mandate a change,” said Medaglia, a former president of the association. “We don’t have the authority to do what Bruce Hanes is doing in Montgomery County. Frankly he doesn’t have the authority to do it.”

Glenda Farner Strasbaugh, the Cumberland County Register of Wills, said Hanes was violating state law.

“I took an oath to uphold the law and constitution of Pennsylvania and I intend to do that. I’m not going to go out on my own and disobey because I feel differently...I don’t have the authority to act on my own.”

The resolution reaffirms the state law that bans same-sex marriage and gives no recognition to same-sex marriages performed in other states.

The ACLU of Pennsylvania has filed a federal lawsuit on behalf of 23 plaintiffs seeking to overturn that law. Two court officials are named as defendants, along with Gov. Tom Corbett and Attorney General Kathleen Kane. Kane said she would not defend the law in court.

View full sizeEllen Toplin, left, and Charlene Kurland, right, who obtained a marriage license at a Montgomery County office despite a state law banning such unions, meet with Nicola Cucinotta, center left, and Tamara Davis before they get their license, Wednesday, July 24, 2013, in Norristown, Pa. Five same-sex couples have obtained marriage licenses in the suburban Philadelphia county that is defying a state ban on such unions. (AP Photo/Matt Rourke)

Jean Marfizo King, Dauphin County Register of Wills, said her decision to uphold state law in no way speaks to her views on gay marriage.

“Whether I’m for gay marriage or against it, it’s irrelevant,” said the first-term court official. “I’ve been elected by the people to follow the law and the law clearly states that marriage is between one man, one woman. I can’t interpret that as Mr. Hanes has.”

The conference was held in Washington County and attended by the majority of court officials across the state. Hanes was not present, Medaglia said.

This week’s developments in Montgomery County dominated conversation at the conference, association members said.

“Everybody was talking about it,” King said. “But it wasn’t about should we have gay marriage or not. That wasn’t the question. The question was are we following the law or not.”

King said she had no idea where her peers stood on the gay marriage issue.

“I think its says a lot of us as individuals,” she said. “We are here to carry out the law and that’s the law right now whether we agree or disagree.”

Medaglia said Hanes, regardless of his motivation, in the long run, is doing more harm than good.

“Not only is he acting recklessly, he is doing harm to the couples that have gone in and applied for licenses and have gone through some ceremony to confirm their marriage,” he said. “This in all likelihood will be overturned. They end up harmed again. I don’t think he is doing them any favors whatsoever.”

Medaglia said that late Tuesday, after learning Hanes intended to issue the licenses, he sent him an email.

“I told him I thought it was a very bad idea in that we, as an association, work very hard when we are going to affect change in some issue to work in a very non-partisan way that is good for members and for the people we serve,” said Medaglia, a 17-year incumbent. “This isn’t going to do any of that and it puts every single clerk of orphans of the court in a bad position. If we are going to follow the oath we took, we are going to have to act in a way contrary to what he is doing.”

Medaglia said he asked Hanes to reconsider, but has yet to hear back from him.

He said the association has no enforcement authority to compel Hanes to cease his actions. He said, more than likely, an independent group or constituents.

“I suppose its possible that court could independently order him to stop but that’s a pretty extraordinary move for a court," Medaglia said. "Courts will not usually act on something unless they have an issue that is properly before them.”

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